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Collins v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 7, 2006

RAYMOND A. COLLINS, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION & ORDER

On July 20, 2005, the Court issued a Decision and Order that denied and dismissed Petitioner Raymond Collins' motion for relief brought pursuant to 28 U.S.C. §2255. See July 20, 2005 Decision & Order, dkt.#17. In dismissing the Petition, the Court determined, sua sponte, that Petitioner was not eligible for a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253. Id. Thereafter, Petitioner moved for reconsideration of the July 20, 2005 Decision and Order, arguing, inter alia, that the Court erred as a matter of law by its sua sponte denial of a COA. Petitioner's motion for reconsideration was denied. See June 27, 2006 Decision and Order, dkt. # 25. Petitioner now makes a "Renewed Application for a Certificate of Appealability." See dkt. # 26. For the reasons previously discussed in the July 20, 2005 Decision & Order and the June 27, 2006 Decision and Order, the application [dkt. # 26] is DENIED.

IT IS SO ORDERED.

20061207

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